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Home My WebLink AboutSDP 2019-0008; STATE STREET COMMONS; Site Development Plan (SDP).. ('''city of Carlsbad LAND USE REVIEW APPLICATION P-1 Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care (Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation [Kl Site Development Plan D Special Use Permit [Kl Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance 0 Minor (FOR DEPT. USE ONLY) Legislative Permits SD~"!- 0 General Plan Amendment 0 Local Coastal Program Amendment 0 Master Plan 0 Specific Plan 0 Zone Change 0 Amendment D Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit D Administrative O Minor O Major Village Review Area Permits 0 Review Permit 0 Administrative 1 Minor O Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY *SAME DAY APPOINTMENTS ARE NOT AVAILABLE 203-181-19-00 2742-2752 STATE STREET, CARLSBAD, CA 92008 (STREET ADDRESS) STATE STREET COMMONS RENOVATION OF CORE/SHELL OF THREE EXISTING STRUCTURES FOR OFFICE/RETAIL/RESTAURANT USE. $3,160,000 ESTIMATED COMPLETION DATE 9/2020 Development No. T?Gv ~b I q -ob 4 ~ Lead Case No. P-1 Page 1 of6 Revised 03/17 OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME B (t!AiAt\. r,, I k. (if applicable): (if applicable): COMPANY NAME COMPANY NAME S-ho. k Ov-u t ~IWl1 /A,(...,, (if applicable): STATE STREET COMMONS, LLC (if applicable): MAILING ADDRESS: 2659 STATE STREET #100 MAILING ADDRESS: ut1 rt-A.k st. #14' CITY, STATE, ZIP: CARLSBAD,CA 92008 CITY, STATE, ZIP: CPrls~~{ CA qu,r TELEPHONE: (619) 840-7721 TELEPHONE: 'lt:t-r'11 -r':11-I EMAIL ADDRESS: brendand@fabricinvestments.com EMAIL ADDRESS: ht,p!!.d"~ -b. 6r,il\\o1t.1M-uJl • U7I-" I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PU~ ~/i__19 s~ 1/,-/11 SIGN U E DATE DATE APPLICANTS REPRESENTATIVE (Print): SCOTT MAAS, FIELDXSTUDIO INC. MAILING ADDRESS: 2033 SAN ELIJO AVE #643 CITY, STATE, ZIP: CARDIFF BY THE SEA, CA 92007 TELEPHONE: (858) 752-9212 EMAIL ADDRESS: scott@fieldxstudio.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY :» i /-::,_I l1 DAIE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND B NY SUCCESSORS IN INTEREST. FOR CITY USE ONLY P-1 Page 2 of 6 REC[:IVED AUG O 7 2019 CITY OF CAl~LSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the su~a~p:ed permit. Signature ~ ~ J/1/11 Date: _______ _ Certification Statement: I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature ___________________ _ Date: ----------- P-1 Page 3 of6 Revised 03/17 .. ____________ _ { City of Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: STATE STREET COMMONS APPLICANT NAME: STATE STREET COMMONS, LLC Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: STATE STREET COMMONS IS A VIBRANT MIXED-USE PROJECT LOCATED AT 2742-2752 STATE STREET. THE PROJECT REPURPOSES THE EXISTING INDUSTRIAL/WAREHOUSE BUILDINGS CURRENTLY UTILIZED AS THE ANTIQUE MALL, CREATING LIVELY OUTDOOR DINING PATIOS AND LANDSCAPE AREAS, AND AN ACTIVE MIX OF USES INCLUDING OFFICE, RESTAURANT, AND RETAIL. THE PROJECT INCLUDES THE RENOVATION OF CORE/SHELL OF THREE EXISTING STRUCTURES FOR OFFICE/RETAIL/RESTAURANT USE. THE RENOVATION WILL INCLUDE THE REMOVAL/REDUCTION OF SOME BUILDING FOOTPRINT/FLOOR AREA AND THE NET ADDITION OF 4,211 sf (28%). THE PROJECT WILL BE A WARM SHELL COMMERCIAL/RETAIL/OFFICE AND WILL REQUIRE TENANT IMPROVEMENTS PRIOR TO OCCUPANCY. THE TOTAL PROPOSED FLOOR AREA IS 19,044 sf. P-1(8) Page 1 of 1 Revised 07/10 State Street Commons, LLC 2659 State Street #100 Carlsbad,CA 92008 July 29, 2019 RE: LETTER OF AUTHORIZATION To the City of Carlsbad, Planning Division Via this letter, I authorize "Fieldxstudio, Inc" (Scott Maas) and "G Coleman Architect" (Greg Coleman) to act as my agents in all dealings with the review and processing of the required permitting for the State Street Commons Project located at 2742-2752 State Street. Authorized Agents: Signed, Greg Coleman. Principal G Coleman Architect Scott Maas, Principal Fieldxstudio, Inc. Brendan Foote, Manager State Street Commons, LLC ('cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .ca rlsbadca .gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person B tt.ENJJA-tv fr;r; TE Corp/Part SJ~ J'i)t.C-1=-1 (!OM,','f OAIS £.,L,L. Title IVtA-vJtf.6/lllb M~Aftl@ Title ___________ _ Address 2~ S:f S1~,G YI· # /av Address CNl.c. "» 11-0, c 4: ~2.11° ~ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person -----------Corp/Part. ___________ _ Tit I e ___________ _ Title _____________ _ Address -----------Address ------------- Page 1 of 2 Revised 07/10 ,. 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust________ Non Profit/Trust. _________ _ Title Title -------------------------- Address Address ------------------------ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes D No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Si~f~ ~ J3r~eA~ Foo+t.. I 'i. ~ k ~-lvu./-cb~~s: Print or type name of owner Print or type name of applicant 'l,l,,C.,- Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 {cicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-1 (C) Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): [B The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application!.!:!. contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: STATE STREET COMMONS LLC Address: 2659 ST ATE STREET #100 CARLSBAD, CA 92008 Phone Number: (619) 840-7721 Address of Site: 27 42-2752 STATE STREET PROPERTY OWNER Name:_s_T_A_T_E_s_T_R_E_ET_c_o_M_M_O_N_S_L_L_C Address: 2659 STATE STREET #100 CARLSBAD, CA 92008 Phone Number: ( 619) 840-7721 Local Agency (City and County):_C_A_R_L_S_B_A_D_, _C_A _______________ _ Assessor's book, page, and parcel number:_2_0_3_-_1_8_1_-_1_9_-0_0 _____________ _ Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: _____________________________ _ Applicant Signature/Date ~~]{~ PropertyOwnerSign The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: 8/2/2019 (To be completed by City) Application Number(s): ________________________ _ General Information 1. Name of project: ST ATE STREET COMMONS 2. Name of developer or project sponsor: ST ATE STREET COMMONS LLC Address: 2659 STATE STREET #100 City, State, Zip Code: CARLSBAD, CA 92008 Phone Number: 619-840-7721 3. Name of person to be contacted concerning this project: _B_R_E_N_D_A_N_F_O_O_T_E ____ _ Address: 2659 STATE STREET #100 City, State, Zip Code: CARLSBAD, CA 92008 Phone Number: 619-840-7721 4. Address of Project: 27 42-27 52 ST A TE STREET Assessor's Parcel Number: 203-181 -19-00 --------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: MINOR SOP, BUILDING PERMIT 6. Existing General Plan Land Use Designation: VILLAGE BARRIO (V-B) 7. Existing zoning district: VILLAGE CENTER (VC) 8. Existing land use(s): _C_O_M_M_E_R_C_IA_L ________________ _ 9. Proposed use of site (Project for which this form is filed): COMMERCIAL, RETAIL, OFFICE Project Description 10_ Site size: 30,349 sf (0.697 ACRES) 11. 12: 13. 14. P-1(O) Proposed Building square footage: _1_9_,0_4_4_s_f ______________ _ Number of floors of construction: _2 __________________ _ Amount of off-street parking provided: _3_5 ________________ _ Associated projects: _N_I_A _____________________ _ Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _N_/A ________ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: GENERAL oFF1cE usE. NEIGHsoRHooD FocusED RETAIL AND RESTAURANT 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _N_f_A ____ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _N_,A ________ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: _N_,A _____________________ _ P-1(0) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ [Z] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ [Z] roads. 22. Change in pattern, scale or character of general area of project. □ [Z] 23. Significant amounts of solid waste or litter. □ [Z] 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ [Z] 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ [Z] alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ [Z] 27. Site on filled land or on slope of 10 percent or more. □ [Z] 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ [Z] flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ [Z] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ [Z] 31. Relationship to a larger project or series of projects. □ [Z] Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: Yh-/i'l' Signature: ~ For: P-1(0) Page 4 of 4 Revised 07/10 ('city of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 60~ Applicant Signature: _..,.~-..-:;.... .... ~""""""-..,___---==------------ Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 Ccityaf Carlsbad PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS ..i111 The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances . ..i111 If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. ..i111 The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. ..i111 Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTCO2e) GHG will be subject to a project- specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No l8J □ If "Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. lf"No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCOie/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11 ,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTCOie/year screening threshold. If "Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: STATE STREET COMMONS Property Address/APN: 2742-2752 STATE STREET, CARLSBAD, CA 92008 APN: 203-181-19-00 Applicant Name/Co.: STATE STREET COMMONS, LLC ATTN BRENDAN FOOTE Applicant Address: 2659 STATE STREET 11100, CARLSBAD, CA 92008 Contact Phone: (619) 840-7721 Contact Email: brendan@fabricinvestments.com Contact information of person completing this checklist (if different than above): Name: Contact Phone: Company name/address: Contact Email: Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at buildinq@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $ _______ _ [Conltructlonfwe D Residential D New construction I 2A, 3A and 4A D Alterations: D 8PV 2: $60,000 1A All residential alterations D 8PV 2: $60,000 1A and 4A 1-2 family dwellings and townhouses with attached garages D Electrical service panel upgrade 4A only Multi-family dwellings only where interior finishes are removed D 8PV 2: $200,000 1A and 4A and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed 1K] Nonresidential D New construction I 18, 28, 38, 48 and 5 !XI Alterations: P-30 Page 3 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist □ BPV ~ $200,000 or additions~ 1,000 1B, 5 square feet IX] BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area □ ~ 2,000 sq. ft. new roof addition 2B and 5 1 B also applies if BPV ~ $200,000 Checklist Item Check the approp1a1e boxes. exp1an a1 net applicalle am exception terns, ad pnMde supporting calcuaioos ad docunertaioo as necessiry. 1. Energy Efficiency Please refer to Ca~sbad Ordinance No. CS-347 and the California Green Building Standards Code (CAL Green) for more information when completing this section. A. D Residential addition or alteration ~ $60,000 building permit valuation. D NIA. _________ _ See Ord. CS-347, Section 8. D Exception: Home energy score ~ 7 (attach certification) Year Built Single-family Requirements Multi-family Requirements D Before 1978 Select one: □ Duct sealing □ Attic insulation D Cool roof D Attic insulation D 1978 and later Select one: D Lighting package D Water heating package D Between 1978 and 1990 Select one: D Attic insulation D Duct Sealing D Cool roof D 1991 and later Select one: D Lighting package D Water heating package B. [x] Nonresidentiar new construction or alterations~ $200,000 building permit valuation, or additions~ 1,000 square feet D NIA _________ _ See CALGreen Appendix AS, Discussion A5.2, as amended in CS-347, Section 3. AS.203.1.1.1 ll!I Outdoor lighting: .90 Allowed Outdoor Lighting Power D N/A A5.203.1.1.2 6a Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) D NIA AS.203.1.2.1 Choose one as applicable: D .95 Energy budget ~ .90 Energy budget D NIA AS.211.1. ** □ On-site renewable energy Qll NIA remodel. limited site area. AS.211.3** D Green power (if offered by local utility provider, 50% minimum renewable sources) Qll NIA not available. A5.212.1 fill Elevators and escalators D NIA AS.213.1 119 Steel framing D NIA P-30 Page 4 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist • Includes hotels/motels and high-rise residential buildings •• For alterations~ $1,000,000 BPV and affecting > 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. 2. Photovoltaic Systems A. D Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.1 (c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + (1.15 x#d.u.) 'Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception D D D D kWdc B. D Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof area by ~2,000 square feet Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: D Gross Floor Area (GFA) Method GFA: D If < 1 O,OOOs.f. Enter: 5 kWdc Min. System Size: D If~ 1 O,OOOs.f. calculate: 15 kWdc x (GFA/10,000),.. ___ kWdc **Round building size factor to nearest tenth, and round system size to nearest whole number. D Time-Dependent Valuation Method Annual TDV Energy use: ..... _____ _ x .80= Min. system size: ____ _ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist 3. Water Heating A D Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. D For systems serving individual dwelling units choose one: D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) D Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.1 (c) 14 (for low-rise residential) D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors D Exception: D For systems serving multiple dwelling units, install a central water-heating system with all of the following: D Gas or propane water heating system D Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) D Solar water heating system that is either: D .60 solar savings fraction or 40 s.f. solar collectors D .40 solar savings fraction, plus drain water heat recovery D Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. D Water heating system derives at least 40% of its energy from one of the following (attach documentation): D Solar-thermal D Photovoltaics D Recovered energy D Water heating system is (choose one): D Heat pump water heater D Electric resistance water heater(s) D Solar water heating system with .40 solar savings fraction D Exception: 4. Electric Vehicle Charging A D Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. D One and two-family residential dwelling or townhouse with attached garage: D One EVSE ready parking space required D Exception: D Multi-family residential· D Exception • Total Parking Spaces EVSE Soaces Proposed Capable I Ready I I I Calculations: Total EVSE spaces = .10 x Total parking (rounded up to nearest whole number) EVSE Installed = Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other= Total EVSE spaces-EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.") P-30 Page 6 of 7 Installed I Total I Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B D Nonresidential new construction (includes hotels/motels) D Exception • Total Parking Spaces EVSE Soaces Proposed Caoable Ready Installed Total Calculation· Refer to the table below· Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces D 0-9 1 1 D 10-25 2 1 D 26-50 4 2 D 51-7 5 6 3 D 76-100 9 5 D 101-150 12 6 D 151-200 17 9 D 201 and over 10 percent of total 50 percent of Required EV Spaces 5. [!] Transportation Demand Management (TDM) A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADT Table. Use GFA Employee ADT/1,000 S.F. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehide traffic to vehide LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project. TOM plan required: Yes QI No □ LOE Staff Verification: □ _____ (staff initials) P-30 Page 7 of7 Revised 04/19 ( Ci ty of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. X •••• -al. , .• ~., cc -PROJECT INFORMATION ~ ·'-:·"' 'r:'{ ;· .. PROJECT NAME: State Street PROJECT ID: ADDRESS: 2742 & 2752 State Street APN: 203-181-19-00 The project is (check one): D New Development Ix] Redevelopment The total proposed disturbed area is: 0 ft2 ( ) acres The total proposed newly created and/or replaced impervious area is: 0 ft2( ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: n/a Then, go to Step 1 and follow the instructions. When completed , sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 . .' -' STEP 1 TO BE COMPLETED FOR ALL PROJECTS ·: -· 0 To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? 00 □ If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): The project proposes to remodel the interior and exterior of an existing project. Applicant proposes to conduct routine maintenance to the existing parking, consisting of partial grind, overlay and restriping only. If you answered "no" to the above question, the project is a 'develooment project', go to Steo 2. ' STEP2 • .• ' ii TO BE COMPLl:T_ED FOR ALL _DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets Quidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are design!:!d and constructed in □ □ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your oroiect is not exempt from PDP, go to Steo 3. E-34 Page 2 of 4 REV 04/17 I . STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJl;:CTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and oublic develooment orojects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public develooment oroiects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside develooment oroiect includes development on anv natural slooe that is twenty-five oercent or areater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcvcles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the proiect to the ESA (i.e. not comminaled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADTJ of 100 or more vehicles per dav. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction? YES NO □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC D D 21.203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statinQ "Mv oroiect is a 'STANDARD PROJECT' ... " and complete applicant information. E-34 Page 3 of 4 REV 04/17 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My oroiect is a PDP ... " and complete applicant information. STEPS - CHECK THE APPROPRIATE BOX AND COMPLETE AP~LICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' As part of these requirements, I will submit a "Standard Project stormwater requirements of the BMP Manual. Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. IB] My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Title: ~~w Applicant Name: ;;i},e:~ :::;i D'\etVV<~ J~ 8.~11\(1\. ~f-e._ ilr-i '! s~r-e sY.--.t.e 1--UW\~ s LL<:.. Applicant Signature: Date: .. • Environmentally Sensitive Areas include but are not llmrted to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated With the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for Citv Use Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 URBAN SYSTEMS ASSOCIATES, INC. PLANNING & TRAFFIC ENGINEERING, MARKEnNG & PROJECT SUPPORT CONSULTANTS TO INDUSTRY AND GOVERNMENT ATTN: Scott Maas -Fieldxstudio FROM: Justin P. Schlaefli, PE TE PTOE MEMO E-Mail: T scott@fieldxstudio.com TOTAL PAGES (Including 6 + Cover): Attachments DATE: December J(lh, 2019 TIME: 3:02:30 PM JOB NUMBER: 002319 SUBJECT: 2742-2752 State Street-Shared Parking Analysis Confidential Communications This transmittal is intended for the recipient named above. Unless otherwise expressly indicated, this entire communication is confidential and privileged information. If you are not the intended recipient, do not disclose, copy, distribute or use this information. If you received this transmission in error, please notify us immediately by telephone, at our expense and destroy the information. Urban Systems Associates, Inc. has been retained by Fieldxstudio to prepare a Shared Parking Analysis to evaluate the parking requirement alternatives for the proposed 2742-2752 State Street Project, which consists of the redevelopment of an existing 0.697-acre parcel located in the Village area, in Carlsbad, California. Proiect Description: The 2742-2752 State Street Project site consists of three (3) existing buildings that are currently occupied by specialty retail/strip commercial uses with an intensity of 14,833 square feet (SF). The State Street Commons project includes the redevelopment of the project site to consist of approximately 19,044 SF of gross floor area for a mixed-use development encompassing commercial office, specialty retail/strip commercial, quality restaurant, and delicatessen uses on-site. The mixed uses on site are planned to distribute as follows; 3,170 SF of quality restaurant uses, 859 SF of delicatessen/coffee uses, 12,815 SF of standard commercial office uses, and 2,532 SF of full-service restaurant uses. A project Site Plan is included as Attachment 1. As shown in the City of Carlsbad Zoning Map (refer to Attachment 2), the project is located in a Village Review (V-R) zone. A V-R zone is described in the Carlsbad Municipal Code as a zone that is intended to establish land use classifications and develop standards and procedures for the Carlsbad Village area, which are specified in the Carlsbad Village Master Plan and Design Manual. Additionally, as shown in the City of Carlsbad Land Use Map (refer to Attachment 3), the project is located in a Village (V) land use designation. This land use designation is identified in the City of Carlsbad General Plan as a designation applicable to the heart of "old" Carlsbad where uses such as retail stores, offices, financial institutions, restaurants, visitor- serving facilities, residential uses, and mixed uses are permitted. Furthermore, the Carlsbad Village & Barrio Master Plan (July 2018) identifies the project site (as shown in Attachment 4) within the Village Center District (VC), which as described in the Master Plan, encompasses the core of the Village by including a mix of commercial, attached residential, and mixed-use building types. I 002319_12102019 _Shared Parking Analysis Memo_B.doc 8451 Miralani Drive, Suite A• San Diego, CA 92126 • (858) 560-4911 .. Scott Maas Fieldxstudio © Urban Systems Associates, Inc. December J(Jh, 2019 Shared Parking Analysis: The 2742-2752 State Street Project is a mixed-use project that includes a combination of land uses including commercial office, restaurant, retail, and delicatessen uses. The City of Carlsbad Village and Barrio Master Plan (07/2018) provides parking requirement ratios (included in Attachment 5) for development occurring in the Village and Barrio areas. Below, a list of the parking ratios contained in the City of Carlsbad Village and Barrio Master Plan (07/2018) is included for the Project land uses: • Office (Business and Professional): one space/ 415 SF • Retail (Restaurant-with/without entertainment; quality): one space/ 170 SF • Retail (Restaurant-Delicatessen): one space/ 300 SF • Retail (Restaurant-with/without entertainment; full-service): one space/ 170 SF Based on the parking ratios above, the required parking per land use and the total parking required per the proposed land use types without a shared parking hourly accumulation based on the peak parking demand per time of day period has been calculated as a baseline reference. The results are listed below: • Office (Business and Professional) o Intensity= 12,815 SF o Required Parking Spaces = 31 parking spaces • Retail (Restaurant -with/without entertainment; quality) o Intensity = 3,170 SF o Required Parking Spaces = 19 parking spaces • Retail (Restaurant -Delicatessen) o Intensity = 859 SF o Required Parking Spaces = 3 parking spaces • Retail (Restaurant -with/without entertainment; full-service) o Intensity = 2,532 SF o Required Parking Spaces = 15 parking spaces • Total Parking Spaces Required (without shared parking hourly accumulation)= 68 parking spaces As described in the City of Carlsbad Transportation Demand Management (TDM) Handbook, shared parking is "a situation in which two or more complementary land uses share a set of parking spaces. This can be due to different peak demands, such as morning versus evening or weekday versus weekend. For example, an office complex and restaurant may have complementary uses the restaurant experiences peak patronage in the evening, when employees are off and are heading home." It has been widely recognized that the application of TDM strategies can reduce parking. For example, LA Metro states one of the outcomes of the application of a TDM ordinances is the reduction in parking demand. The Massachusetts Metropolitan Area Planning Council discusses this further stating 2 8451 Miralani Drive, Suite A• San Diego, CA 92126 • (858) 560-4911 Scott Maas Fieldxstudio © Urban Systems Associates, Inc. "Reducing the demand for parking is closely linked with reducing vehicle trips, so many of the programs recommended for reducing parking demand are the same ones recommended for trip reduction through Transportation Demand Management (TDM). TDM programs typically aim to reduce drive- alone trips through strategies that encourage carpooling or use of alternative modes." December 1 O'h, 2019 Under the City of Carlsbad Transportation Demand Management Ordinance, the project is required to provide a Transportation Demand Management (TDM) Plan as the project exceeds the non-residential trip generation threshold of 110 daily employee trips. Within the project's TOM Plan, the incorporation of shared parking as a non-infrastructure strategy for the reduction of parking supply has been selected to be implemented onsite. This strategy is aimed to reduce the project's supply of parking based on the anticipated parking demand of the combined uses onsite. The application of an effective TOM Plan aims to reduce the number of single occupancy vehicle trips. In consequence, it is anticipated that the application of TOM strategies would yield a reduced need for parking spaces of any development that applies a TDM Plan. The Massachusetts Metropolitan Area Planning Council states that a reduction in solo driving yields a lesser need for parking; which in tum would result in a lesser need for parking through the implementation of effective TOM programs that aid in a reduction of parking demand through a promotion of transportation modes other than single occupancy vehicles. Additionally, research supports the reduced parking demand caused by both TOM strategies and shared parking models. Research on the matter indicates that "current parking requirements are often inflexible and generous, applied with little consideration to specific geographic and demographic factors that affect parking demand at a particular location (Cervero and Arrington 2009; CTR 1999; Engel-Yan and Passmore 2010; Litman 1999; Millard-Ball 2002; Rowe, et al. 2013; Shoup 1999). Parking requirements are based on parking generation studies that are mostly performed at new, suburban sites with unpriced parking, resulting in standards that tend to be excessive in urban areas with more multi-modal transportation, where parking is priced, and at sites with TDM programs (Shoup 2002). " The Urban Land Institute (ULI) Shared Parking 2nd Edition describes shared parking as the "use of a parking space to serve two or more individual land uses without conflict or encroachment. ULI specifies the ability to share parking spaces as the result of two (2) conditions which include the following: 1. the variations in the accumulation of vehicles by hour, by day, or by season at the individual land uses 2. relationships among the land uses that result in visiting multiple land uses on the same auto trip As described above, sharing parking spaces among mixed-uses within a development has been defined as an alternative for the reduction of parking supply based on the combined demand of different land uses. A shared parking model in conjunction with effective TOM strategies can further reduce the need for an oversized 3 8451 Miralani Drive, Suite A• San Diego, CA 92126 • (858) 560-4911 Scott Maas Fie/dxstudio © Urban Systems Associates, Inc. December J(Jh, 2019 parking supply where parking spaces are assigned to individual motorists, by reducing the number of single occupancy vehicle trips. To determine shared parking hourly accumulation based on the peak parking demand per time of day period, Urban Systems Associates evaluated the proposed project's land uses anticipated hourly parking demand accumulation by percentage of peak hour. The evaluation consists on identifying time of day distributions for parking demand for the proposed land uses onsite to calculate the combined maximum parking demand. The ITE Parking Generation Manual 5th Edition identifies the project's proposed land uses, or close approximations to the proposed land uses with the following land use code designations: o Land Use Code 710: General Office Building ■ Note: Dense Multi-Use Urban percentage rates have been referenced due to the predominant characteristics of the project area and adjacent urban setting as a fully developed area ( or nearly so), with diverse and interacting complementary land uses, good pedestrian connectivity, and convenient and frequent transit, as stated under the Parking Generation Manual 5th Edition. o Land Use Code 931: Quality Restaurant o Land Use Code 932: High-Turnover (Sit-Down Restaurant) o Land Use Code 940: Bread/Donut/Bagel Shop with Drive-Through Window ■ Note: Land Use Code 940 has been referenced as it shows a parking time of day distribution for parking demand that closely approximates what is anticipated for the delicatessen uses onsite. Time of day distributions for parking demand for each of the proposed land uses are included in Attachment 6. Table 1 below shows a summary of the time of day distributions for parking demand of all of the proposed land uses onsite. Note that weekday percentage values have been referenced from ITE Parking Generation Manual 5th Edition for all of the evaluated land uses. Furthermore, for Land Use Code 932, the "family breakfast, lunch, and dinner" table entry percentage values have been referenced as it is anticipated that the high-turnover restaurant uses onsite will have hours of operation and services that approximate the timeframes under the aforementioned table entry. Additionally, it must be noted that Land Use Code 940 is specific for a bread/donut/bagel shop with drive-through window, contrary to what the proposed land use is planned, which would be approximated by Land Use code 939 (Bread/Donut/Bagel Shop without Drive-Through Window). However, as previously described above for Land Use code 940, the information regarding land uses that approximate the delicatessen/coffee uses under ITE Parking Generation Manual 5th Edition have been found to better approximate the hours of operation shown under the time of day distribution for Land Use code 940. 4 8451 Miralani Drive, Suite A • San Diego, CA 92126 • (858) 560-49]] Scott Maas Fieldxstudio © Urban Systems Associates, Inc. December UY", 2019 Table 1: Time of Day Distribution for Percent Peak Parking Demand Hour Beginning LU710 LU 931 LU 932 LU 940 12:00 AM -4:00 AM 0% 0% 0% 0% 5:00AM 0% 0% 0% 0% 6:00AM 0% 0% 10% 0% 7:00AM 26% 0% 25% 67% 8:00AM 65% 0% 68% 100% 9:00AM 95% 0% 72% 78% 10:00AM 100% 0% 77% 67% 11:00AM 100% 20% 83% 89% 12:00PM 99% 51% 100% 44% 1:00PM 99% 56% 91% 44% 2:00PM 97% 40% 56% 22% 3:00PM 94% 27% 42% 33% 4:00PM 90% 27% 42% 33% 5:00PM 0% 39% 64% 56% 6:00PM 0% 71% 87% 22% 7:00PM 0% 100% 79% 33% 8:00PM 0% 97% 65% 0% 9:00PM 0% 0% 42% 0% 10:00PM 0% 0% 21% 0% 11:00 PM 0% 0% 0% 0% Table 2 below shows a peak parking demand accumulation for the proposed project land uses based on the time of day distribution for percent peak parking demand percentage ratios found in Table 1 and the calculated parking spaces of each proposed land use based on the parking ratios contained in the City of Carlsbad Village and Barrio Master Plan (0 7/2018). The resulting hour on which the highest parking demand occurs determines the minimum number of required off-street parking spaces for a development. 5 8451 Miralani Drive, Suite A • San Diego, CA 92126 • (858) 560-4911 Scott Maas Fieldxstudio Hour Beginning 12:00 AM -4:00 AM 5:00AM 6:00AM 7:00AM 8:00AM 9:00AM 10:00AM 11:00AM 12:00 PM 1:00PM 2:00PM 3:00PM 4:00PM 5:00PM 6:00PM 7:00PM 8:00PM - 9:00PM 10:00PM 11:00 PM Table 2: Peak Parking Demand Accumulation Peak Parkina Demand Accumulation LU 710 LU 931 LU 932 0 0 0 0 0 0 0 0 2 8 0 4 20 0 10 29 0 11 31 0 12 31 4 12 31 10 15 31 11 14 30 8 8 29 5 6 28 5 6 0 7 10 0 13 13 0 19 12 0 18 10 0 0 6 0 0 3 0 0 0 © Urban Systems Associates, Inc. December JO'\ 2019 LU 940 Total 0 0 0 0 0 2 2 14 3 33 2 43 2 45 3 so 1 57 1 56 1 47 1 42 1 40 2 19 1 27 1 32 0 28 0 6 0 3 0 0 As shown on Table 2, the peak parking demand accumulation of the project would occur during 12:00 PM with a total accumulation of 57 parking spaces. Therefore, the peak parking demand accumulation would reduce the required number of parking spaces (68 spaces) by 11 parking spaces. According to research cited by the Federal Highway Administration (FHW A) in the Known Effectiveness of TDM Strategies, "one study of developer TDM requirements revealed an 11-21 % reduGtion in parking demand among worksites with aggressive TDM programs". Since the 2742-2752 State Street project proposes the incorporation of TDM strategies that include the reduction of parking supply through shared parking along with other TDM strategies such as a Transportation Coordinator, public bike parking, bicycle repair station, preferential parking for car/vanpools, and on-site amenities (including restaurant and coffee/delicatessen uses), the shared parking evaluation has been adjusted to incorporate a 21 % reduction of the total parking demand without shared parking has been incorporated into the shared parking calculations as shown in Table 3 below. 6 8451 Miralani Drive, Suite A • San Diego, CA 92126 • (858) 560-4911 Scott Maas Fieldxstudio © Urban Systems Associates, Inc. December 1 O'h, 2019 Table 3: Peak Parking Demand Accumulation (w/ TOM Reduction) Peak Parkina Demand Accumulation (w/ TDM Reduction) Hour Beginning LU710 LU 931 LU 932 LU940 Total 12:00 AM -4:00 AM 0 0 0 0 0 5:00AM 0 0 0 0 0 6:00AM 0 0 1 0 1 7:00AM 6 0 3 2 11 8:00AM 16 0 8 2 26 9:00AM 23 0 9 2 34 10:00AM 24 0 9 2 35 11:00AM 24 3 10 2 39 · 12:00PM 24 8 12 1 45 1:00PM 24 8 11 1 44 2:00PM 24 6 7 1 37 3:00PM 23 4 5 1 33 4:00PM 22 4 5 1 32 5:00PM 0 6 8 1 15 6:00PM 0 11 10 1 21 7:00PM 0 15 9 1 25 8:00PM 0 15 8 0 22 9:00PM 0 0 5 0 5 10:00PM 0 0 2 0 2 11:00PM 0 0 0 0 0 As shown on Table 3, the peak parking demand accumulation of the project with a TOM reduction of 21 % would occur during 12:00 PM with a total accumulation of 45 parking spaces. Therefore, the peak parking demand accumulation would reduce the required number of parking spaces (68 spaces) by 23 parking spaces. Complementary to the peak parking demand accumulation of the project and the project's TOM infrastructure strategies, the project proposes to provide public bike racks near the building entrances for all bicyclists, including retail customers and visitors. The project plans to provide 18 short-term bicycle parking spaces to be located in the surface parking lot, which will be accessible via the pedestrian walkway as shown in the project site plan (refer to Attachment 1). Based on the peak parking demand accumulation of the project with a TOM reduction of 21 %, the resulting total accumulation is calculated at 45 parking spaces. However, considering your recommendation, by providing 18 short-term bicycle parking spaces onsite and accounting these short- term bicycle parking spaces as three (3) vehicle parking spaces, the total number of parking spaces would be recommended to be further reduced to a total of 42 parking spaces. 7 8451 Miralani Drive, Suite A • San Diego, CA 92126 • (858) 560-4911 Scott Maas Fieldxstudio Conclusion: © Urban Systems Associates, Inc. December 10th, 2019 There are a variety of methodologies which can be used when implementing Shared Parking. In-fact, Shared Parking methodologies are primarily informed by reasonableness and Engineering Judgement. In a community such as the Village area in Carlsbad and with a project such as what is being proposed on the site, multiple variables need to be considered. These include the unique nature of restaurant uses in vicinity, the mixed-use nature of the project, the current and future anticipated availability of transit, and more. In addition, certain Transportation Demand Management measures, if incorporated, can lead to lower parking demand, as shown when comparing the peak parking demand accumulation evaluation under Table 2 with the peak parking demand accumulation evaluation with TDM reductions under Table 3. Because of the complementary uses we see that the peak time for the development is between 12:00 P.M. -1 :00 P.M. At this time of day, the office portion of the project and the high-turnover restaurant uses are nearly fully utilized, while delicatessen and quality restaurant uses are only partially utilized. The analysis herein shows that the peak parking demand accumulation of the proposed uses on site would result in a total peak parking demand of 57 parking spaces. However, since the project is subjected to the preparation of a TDM Plan, among which shared parking has been selected as a non:..infrastructure strategy along with several other TDM strategies, the total peak parking demand has been calculated at 45 parking spaces. This peak parking accumulation demand would reduce the number of parking spaces (68 spaces) by 23 parking spaces. Furthermore, the project proposes to provide public bike racks near the building entrances for all bicyclists, including retail customers and visitors. The project plans to provide 18 short-term bicycle parking spaces to be located in the surface parking lot, which will be accessible via the pedestrian walkway as shown in the project site plan (refer to Attachment 1). Based on the peak parking demand accumulation of the project with a TDM reduction of 21 %, the resulting total accumulation is calculated at 45 parking spaces. However, considering your recommendation, by providing 18 short-term bicycle parking spaces onsite and accounting these short- term bicycle parking spaces as three (3) vehicle parking spaces, the total number of parking spaces would be recommended to be further reduced by 26 parking spaces, to a total of 42 parking spaces. Additionally, the Carlsbad Village, Barrio, and Beach Area January 2019 Parking Data Collection (01/2019) indicates that the parking facilities in the Village area are not in excess of 85% occupancy, for which such threshold were to be exceeded, parking reductions for a development would be limited to 10% of the requirement. Our final recommendation is that the project provides parking for the calculated total peak parking demand with TDM reduction of 42 parking spaces. As the project proposes to provide 35 parking spaces onsite, the project will provide the additional seven (7) parking spaces through an in-lieu fee program. Alternatively, an alternate methodology using ITE only is recommended based on the most recently available parking data. Finally, if a paid parking model is considered, a parking management system should be considered which could further reduce the parking supply through providing a disincentive to park onsite along with a system whereby available spaces could be identified and reserved in advance providing greater efficiency. Some samples of this type of system are shown in Attachment 7. 8 8451 Miralani Drive, Suite A • San Diego, CA 92126 • (858) 560-4911 Scott Maas Fieldxstudio References © Urban Systems Associates, Inc. December 10th, 2019 • "10. Known Effectiveness of TDM Strategies." Integrating Demand Management into the Transportation Planning Process: A Desk Reference -Chapter 10. Known Effectiveness of TDM Strategies -FHWA Qffice of Operations, https://ops.fhwa.dot.gov/publications/fhwahop 12035/chap 1 0.htm • Un, Written by Kit. "Parking and Transportation Demand Management." MAPC, https://www.mapc.org/resource-library/parking-and-transportation-demand-managernent/ • Parking Generation Manual. Institute of Transportation Engineers, 2019 • Smith, Mary S. Shared Parking. ULI, 2005 • "TDM Ordinance." LA Metro Home, https://www.metro.net/projects/tod-toolkit/tdm-ordinance 9 8451 Miralani Drive, Suite A • San Diego, CA 92126 • (858) 560-4911 Scott Maas Fieldxstudio © Urban Systems Associates, Inc. December 1ot11, 2019 Attachment 1 Project Site Plan Provided on the following page in 11 "Xl 7" format. 10 8451 Miralani Drive, Suite A • San Diego, CA 92126 • (858) 560-491 I I (P)~AUCUNDER-! {P)1e• WALL )2·~~J, lR£NOK LOCIJDIS; "'· '"'t PROPOSlpTTIEE.~ I (P) J425 PAO IKlMEO ~ I: SCRCIN WALL (P) stcwAU( UNDER llRMrl i i (() WAftR S0MC£ TO BE I RELOCATED (El PRIVATE UTIJTY OICJtO,t,Oll,IOO'SlOIIE ...!. ROICMT), m>. ulJ UJ a;: ft '1 LY 'T <( t-l Cl) (P)C-1ioet.fi8CUT;REF. I CML I (P)~""""'IJ1' {J) 2" WAlER wtru I i i PROP[RTYU£ TO SlR£IT """""' ,, ·,. ' ·x: SUITEA ,,.. "'-u., ..... 1/( / ' / '·-..... \-i----/ \I / 'i i\ i \/ I . . I' / \ ./ \ J \ /j / i :' I ·,·,._lf ----~i.P.L ~ I SITE PLAN LEGEND: =·~·---=~·-c::::J c.,,,,.CUClllFII: ~ .... , •• _..,.,UIIC:IK,t#( c::J cu. aN:111£11: •11: ~ _OIU,ftWJU. ~~:t:c::t~=~;;;,_b~~=~;t,,=~==J,,,_,"Ld!.Q!!!J~fi~~!tl~-=-=l!!¥!L~----t (i-,S!~ .~.~N 162'-l!f STATE STREET COMMONS ITllll'IIIIUTCOIIMQNl,UC -UA.l'l!Ul•IOO Uill.MliO,U---IIXUIU,II-Cl --•Ill ll,IIIIHQ.Cl_,M _,m_ ----UIIIUIO•lll-CAIIDfM'II.N-«A,Cl__, ..., ,ucoui.TIU?lll•-m :!.":':--:::'::."'-.ntrie .. ,1.,c.o- -~-.CUI[ 1:!IILUffUlOIN! ll0fllol,CAll20ti 'G -, COLEMAN _ ., ARCHITECT li&iif.!!lii!!ld@ -~ M,0......, ---11'1 ""!!'IP'~""'!. ~'/!I! I-~ --"~ •IJ•~ OJ ~n~ "i!.Y•• SITE PLAN A2.00 LEGEND: H':C:::'H OUTOOC><AREA ~ RETAII.A'ESTAURANT AREA ~ OFRCE_,. "\18,\IP SECTION 17 f GROUND FLOOR STREET FRONTAGE U.ES. AREA CALCULATlON: OFFICE.•.775st{•3.4"4) RETAJLRESTAURi\NT. 6,229tl (56,6'11.) TOTALGROLINDFLOORAREA 11,COlsl(100'\li) FRONTAGE CALCULATlON: OFFICE.9'-1"(6.5%} RETAll..fiESTAURANT 131'.6" (93.5".4) TOTAL FRCNTAGE· 140'~ (100'\li) TOTALBUlOINGAREA 1Sl.(W4111 FLOOR AREA RATIO: 151,°"' st 130,349 • 0.6.3 FAR TOTALOUTC:0::RAREA 3,237tl RESTAl..ft.l,NT01 3,170&1 PATIO0t 69:Ssl CFFlCE 01-a 2.:563 st OF'FICE01-C 2.212.r ~i~T02 2,:xxlsl 1,67411 PATI03 <.EVELO,. OFF1CE01 4,040tl SU~TOTAL RESTAURANT S,2291111 OFACE 12.41511 PATIO 3,137sl 1',0-Wsf 3.237sl STATE STREET COMMONS ITllll llllUI UMOll, ll.t ffMITlllilll'llIT•HIO C,1,ILIHO,U--·-ICUD.UII~ --•I( UllllUIO,CtlrHM --llll.OBUIIQ,JIC. 20:SSIMfUIOlll(HQ tllll'.llM¥-M..IU.tloll20ll7 ·-IIJloUl-"'8SIU,lltKlllllA\l"2a -~.CAtzOZ• ,111(:0U/IFTIUTIRl~IU UliN.-YlOI IOlJr,IU,IEIOl.tloa'/1 ---IZ:!llllt:Cl.lU-.IU'l'l2'10 -.TA.tlo-1 -~-1(1:IUII( 12'11Uoll'IAIIDMI LQfU,l,tA-• 'G -, COLEMAN _, ARCHITECT l&ilf!!M!.ll@ k- o, wooia-nAL~ °'"1/1' -[)!_ --.IT"---O.jJ•{)• ~ --m,. '.!L!.'!fl• PLAN CALCULATIONS A0.02 Scott Maas Fieldxstudio © Urban Systems Associates, Inc. December 1 (Jh, 2019 Attachment 2 Carlsbad Zoning Map Page left intentionally blank. Attachment is provided on the following page. 11 845 I Miralani Drive, Suite A • San Diego, CA 92126 • (858) 560-49 I I The Location ofthia Open Space boundary shall be refined cuing the process to update the CMabad Local CoastslProVll'Tl (LCPA 15-071. The boundary msy be adjusted to more accuratefy reflect beach and bluff «etJS that ll'e undevelopable pursus,t to California Coastal Act and cily pokies. Zoning: Pacific Ocean R-A, Residential Agriculture -R-E, Rural Residential Estate R-1, One Family Residential R-2, Two Family Residential R-3, Multi Family Residential -RD-M, Residential Density -Multiple -RD-M/C-L, Res Density -Multiple/Local Shop. Center -RMHP, Residential Mobile Home Par1< R-T, Residential Tourist -R-W, Residential Waterway -R-P-Q, Residential Professional 0, Office -C-L, Local Shopping Center -C-2, General Neighborhood Commercial -C-T, Commercial Tourist -RD-M/C-T, Comm TourisURes Density -Multiple -C-M, Heavy Commercial -M, Industrial -P-M, Planned Industrial P-M/0, Planned Industrial/Office P-U, Public Utility -V-R, Village Review P-C, Planned Community L-C, Limited Control -OS, Open Space -T-C, Transportation Corridor R Deferred Certification Area• -Beach Overlay Zone ·-; =i L __ [3 Commercial Vis'itor Serving Overlay Zone ----Coastal Zone ... --Highway c:::== Major Street cc:c: Planned Street --+---t Railroad Q Lagoon Right of Way c::::] City Limits ------ • Within the deferred certif1eation areas, the zoning ciassificafons shown on this map are not certified by the California Coastal Commission. Until a Local Coastal Progam implementation plan is certified by the Califomla Coastal C:Ommission for these Meas, the California Coastal Commission retains authority to issue coastal development permits foc devm0pment on these properties. The California Coastal CommlS&lon wiN utifize the city's zoning, as shown on this map, as a guide when evaluating proposed coastal developm&nl permits wilhin these areas. .. The area depicled within the Coastal Zone constitutes lhe Catsbad Local Coastal Program Zoning Map. C cityof Carlsbad Zoning Map Updated February 2017 i ,i,) ! ' . . I I i i --... _ I I P-C / ! i i ft ---==:::::iFeet 1', 0 3,000 J:\cogi11products\planning\Startd•rdM,p\Zonlng111t17.m1td Scott Maas Fieldxstudio © Urban Systems Associates, Inc. December 10th, 2019 Attachment 3 Carlsbad Land Use Map Page left intentionally blank. Attachment is provided on the following page. 12 8451 Miralani Drive, Suite A • San Diego, CA 92/ 26 • (858) 560-4911 Pacific Ocean General Plan Land Use R-1 .5, Residential 0-1 .5 du/ac R-4, Residential 0-4 du/ac -R-8, Residential 4-8 du/ac -R-15, Residential 8-15 du/ac -R-15/L, Residential 8-15 du/ac/Local Shopping Center -R-15NC, Residential 8-15 du/acMsitor Commercial R-15/O, Residential 8-15 du/ac / Office -R-23, Residential 15-23 du/ac -R-30, Residential 23-30 du/ac -V, Village -L, Local Shopping Center ~ L/CF, Local Shopping Center/Community Facilities -GC, General Commercial -VC, Visitor Commercial -VC/OS, Visitor Commercial/Open Space -R, Regional Commercial Pl, Planned Industrial Pl/O, Planned Industrial/Office O,Office -P,Public CF, Community Facilities -OS, Open Space -TC, Transportation Corridor Coastal Zone Highway = Major Street =c==c Planned Street -Railroad D Lagoon Right of Way ~----·7 [. _____ J City Limits Airport Influence Area ...........,... Review Area 1 ···-···-Review Area 2 ( Cicyof Carlsbad GENERAL PLAN Land Use Map Updated February 2017 ··•···•······------.... .... .... ··, .. •••··· .... __ ft ---===Feet ,r, 0 3,000 J:\d:lgltlp'odudslplanniflg\StandardM,p'GPLandUM11x17.mxd Scott Maas Fieldxstudio © Urban Systems Associates, Inc. December J(Jh, 2019 Attachment 4 Carlsbad Village and Barrio Area District Map I Ocean -F-Com...-l tFQ Pin«-Tyle, Mix«k,w (PT) -htrio PW!rkNt« (BP) Baitrio Center (Bq -Vd~rrio01l,u(V90} Figure 2-1, Village and Barrio Master Plan Area District Map 2-2 CARLS BAO VlllAG£ & BARRIO 13 8451 Miralani Drive, Suite A • San Diego, CA 92126 • (858) 560-4911 Scott Maas Fieldxstudio Attachment 5 © Urban Systems Associates, Inc. December /0th, 2019 Carlsbad Village and Barrio Master Plan Parking Ratios I Table 2-3, Parking Requirements (Continued) One space per 355 square feet LODGING tr. , -~~ \ . ..,, ~ ,"'~ k:~~' 'i~'£~~~~~{Gf(t0,~~~;,c,,;:t;~J;jJ{ ,, . ; ,,.,, ' , ~,\~,"'.,.,:,~ S.~l""'~!._~, *t~J;;-...... "'-""'-"°"" .. -, , %,?,..,,.,_,t~""'" fr,,~n~~~;;u~~ Bed and Breakfast Inn Two spaces for owner's unit (one covered) plus one space per guest room HoteVMotel One space per guest room Timeshare Project One space per guest room RETAIL LL ='J"-t~}•~ ~t ,~ ::t\<:,'\,t• ,~•,l~'°'t,,_-Pf,i:/1:,;,,.,~ ... :'..t'.. . ..,~. ·~· .• ---~~ > _..,,;. _·,£i~u\.:\v:l~it;ffti-~~-- Brewery/Distillery/Winery . lfincidental to a restaurant use, one space per 415 square feet . If sole use, one space per 150 square feetfor the tasting room and one space per 415 square feet for all other uses (e.g. production. storage, and retail sales). Business/Professional Services One space per 415 square feet Convenience Store One space per 240 square feet Financial Institution (e.g. bank) One space per 355 square feet Furniture and Appliance Sales One space per 715 square feet Personal Services One space per 415 square feet Re.staurant (With or without entertainment) One space per 170 square feet Restaurant, Delicatessen One space per 300 square feet Re.staurant, Fast Food One space per 240 square feet Restaurant Limited Take-Out Service One space per 300 square feet Outdoor Dining on Private Property (accessory to a No parking requirement if outdoor seating area is equal permitted restaurant use) to or less than the indoor seating area. For any outdoor seating area that exceeds the indoor seating area, parking shall be based on the applicable restaurant rate, for the excess area. Retail/Commercial Bus.iness One space per 415 square feet MASTER PLAN 2-23 14 8451 Miralani Drive, Suite A • San Diego, CA 92126 • (858) 560-4911 Scott Maas Fieldxstudio Attachment 6 © Urban Systems Associates, Inc. December JO'", 2019 ITE Parking Generation Manual 5th Edition Time of Day Distributions For Parking Demand (LU Codes 710,931,932, & 940) Page left intentionally blank. Attachment is provided on the following page. 15 8451 Miralani Drive, Suite A • San Diego, CA 92126 • (858) 560-4911 Land Use: 931 Quality Restaurant DescrlpUon This land use consists of high quality, full-service eating establishments with a typical duration of stay of at least one hour. They are also commonly referred to as fine dining. Quality restaurants generally do not serve breakfast: some do not serve lunch; all serve dinner. This type of restaurant often requests and sometimes requires a reservation and is generany not part of a chain. A patron commonly waits to be seated, Is served by wait staff, orders from a menu and pays after the meal. Some of the study sites have lounge or bar facilities (serving alcoholic beverages), but they are ancillary to the restaurant. Fast casual restaurant (Land Use 930) and high-turnover (sit-down) restaurant (Land Use 932) are related uses. Time of Day Distribution for Parking Demand The following table presents a time-of-day distribution of parking demand on a Monday-through- Thursday weekday (one study site) and a Friday (one study site) in a general urban/suburban setting. 12:00-4:00 a.m. 5:00a.m. 6:00a.m. 7:00a.m. 8:00a.m. 9:00a.m. 10:00a.m. 11:00a.m. 20 11 12:00 p.m. 51 37 1:00 p.m. 56 54 2:00 p.m. 40 29 3:00 p.m. 27 22 4:00 p.m. 27 14 5:00 p.m. 39 18 6:00p.m. 71 42 7:00p.m. 100 91 8:00p.m. 97 100 9:00p.m. 10:00p.m. 11:00 p.m. Land Use: 932 High-Turnover (Sit-Down) Restaurant Description This land use consists of sit-down, full-service eating establishments with a typical duration of stay of 60 minutes or less. They are commonly referred to as casual dining. This type of restaurant Is usually moderately priced and frequently belongs to a restaurant chain. Generally, these restaurants serve lunch and dinner; they may also be open for breakfast and are sometimes open 24 hours a day. These restaurants typically do not accept reservations. A patron commonly waits to be seated, Is served by wait staff, orders from a menu, and pays after the meal. Some facHities offer carry-out for a small proportion of Its customers. Some facilities within this land use may also contain lounge or bar area for serving food and alcoholic drinks. Fast casual restaurant (Land _Use 930), quality restaurant (Land Use 931 ), fast-food restaurant without drive-through window (Land Use 933), and fast-food restaurant with drive-through window (Land Use 934) are related uses. The analysis of parking demand for this land use has identified different parking demand rates between high-turnover restaurants with and without lounges. The term "family restauranr is used interchangeably as an abbreviated version of "high-tu mover (sit-down) restaurant without lounge or bar facilities." Time of Day Distribution for Parking Demand The following table presents a lime-of-day distribution of parking demand on a weekday at family restaurants that serve breakfast, lunch, and dinner (12 study sites); family restaurants that serve lunch and dinner (38 sites), and restaurants with a lounge or bar (four sites). 12:00--4:00 a.m. 5:00a.m. 6:00a.m. 10 7:00a.m. 25 8:00a.m. 68 9:00 a.m. 10:00a.m. n 26 9 11:00 a.m. 83 43 15 12:00 p.m. 100 95 100 1:00p.m. 91 95 81 2:00p.m. 56 49 54 3:00p.m. 42 39 33 4:00p.m. 42 37 26 64 62 29 58 41 11:00 p.m. Description Land Use: 940 Bread/Donut/Bagel Shop with Drive-Through Window This land use includes single•l~nant bread, donut, and bagel shops with drive-through windows. The sites surveyed specialize in producing and selling a variety of breads, donuts, and bagels as the primary products sold. Some sites offer a breakfast menu. They may also sell other refreshment Items, such as coffee, tea, soda, or other hot and cold beverages. Limited Indoor seating is generally available al the sites surveyed. Coffee/donut shop without drive-through window (Land Use 936), coffee/donut shop with drive-through window (Land Use 937), and bread/donut/bagel shop without drive-through window (Land Use 939) are related uses. Time of Day Distribution tor Parking Demand The following table presents a Ume-of-day distribution of parking demand on a weekday at one study site in a general urban/suburban setting. Hour Beginning Percent of Weekday Peak Parking Demand 12:00-4:00 a.m. - 5:00a.m. - 6:00a.m. - 7:00a.m. 67 8:00a.m. 100 9:00a.m. 78 10:00a.m. 67 11:00 a.m. 89 12:00 p.m. 44 1:00 p.m. 44 2:00 p.m. 22 3:00 p.m. 33 4:00p.m. 33 5:00p.m. 56 6:00p.m. 22 7:00p.m. 33 8:00p.m. - 9:00p.m. - 10:00 p.m. - 11:00 p.m. - Land Use: 710 General Office Building Description A general office building houses multiple tenants. It is a location where affairs of businesses, commercial or industrial organizations, or professional persons or firms are conducted. An office building or buHdings may contain a mixture of tenants Including professional services, Insurance companies, investment brokers, and tenant services, such as a bank or savings and loan institution, a restaurant, or cafeteria and service retail facilities. A general office building with a gross floor area of 5,000 square feet or less Is classified as a small office building (Land Use 712). Corporate headquarters building (Land Use 714), single tenant office building (Land Use 715), medical-dental office building (Land Use 720), office park (Land Use 750), and research and development center (Land Use 760) are additional related uses. If information is known about individual buildings, it is suggested that the general office building category be used rather than office parks when estimating parking generation for one or more office buildings in a single development The office park category is more general and should be us~ when a breakdown of individual or different uses Is not known. If the general office building category is used and if additional buildings, such as banks, restaurants, or retail stores are Included In the development, the development should be treated as a multiuse project On the other hand, if the office park category Is used, Internal trips are already reflected In the data and do not need to be considered. When the buildings are interrelated (defined by shared parking facilities or the ability to easily walk between buildings) or house one tenant, it is suggested that the total area or employment of all the buildings be used for calculating parking generation. When the Individual buildings are isolated and not related to one another, it is suggested that parking generation be calculated for each building separately and then summed. Time of Day Distribution for Parking Demand The following table presents a lime-of-<lay distribution of parking demand on a weekday at 30 study sites in a general urban/suburban setting and two study sites In a dense multi-use urban setting. 12:00-4:00 a.m. 5:00a.m. 6:00a.m. 7:00a.m. 13 26 8:00a.m. 48 65 9:00a.m. 86 95 10:00a.m. 100 100 11:00 a.m. 100 100 12:00p.m. 85 99 1:00p.m. 84 99 2:00p.m. 93 97 3:00p.m. 94 94 4:00p.m. 85 90 5:00p.m. 56 6:00p.m. 20 7:00p.m. 11 8:00p.m. 9:00p.m. 10:00 p.m. 11:00 p.m. Addltlonal Data The average parking supply ratios for the study sites with parking supply information are as foUows: • 2.9 spaces per 1,000 square feet GFA ln a dense multi-use urban setting that Is not within ½ mite of rall transit (seven sites) • 3.3 spaces per 1,000 square feet GFA (73 sites) and 1.2 spaces per employee (20 sites) In a general urban/suburban setting that Is not within ½ mile of rail transit • 3.0 spaces per 1,000 square feet GFA (seven sites) and 0.8 spaces per employee (two sites) In a general urban/suburban setting that Is within ½ mile of rail transit The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in Arizona, California, Colorado, Connecticut, Georgia, Illinois, Massachusetts, Minnesota, Montana, New Jersey, New York, Oklahoma, Oregon, Pennsylvania, Texas, Utah, and Washington. Source Numbers 21,22,47, 122,124,142,172,201 ,202,205,211 ,215,216,217,227,239,241,243,276,295, 399,400,425,431,433,436,438,440,516,531,540,551,555,556,557,571,572,588 .. Scott Maas Fieldxstudio © Urban Systems Associates, Inc. Attachment 7 Parking Management Alternatives Available Parking Display Board Source: Signal-Tech, Digital Space Available Parking Signs hllps:/lwww.signal-tech.com/productslparkinglspace _available_ and _end_ of_ aisle 16 8451 Miralani Drive, Suite A • San Diego, CA 92126 • (858) 560-491 I December JO'", 2019 Scott Maas Fieldxstudio Overhead Parking Guidance Systems Source: Green Center, GPP PGS2 guiding to an empty parking space https:/lwww.green.cz/parking-guidance-system-1 2 17 .. . . .. © Urban Systems Associates, Inc. December J(J", 2019 8451 Miralani Drive, Suite A • San Diego, CA 92126 • (858) 560-4911 Cl TA Preliminary Report Form (Rev. 11/06) Order Number: DTR-5569765 Page Number: 1 Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Property: Pint American Dtle First American Title Company 7676 Hazard Center Drive, Ste 1100 San Diego, CA 92108 California Department of Insurance License No. 151 DTR-5569765 (7) David L. Smith (619)231-4659 (714)689-5374 titleunit7@flrstam.com Fabric Investments, Inc 2742 State Street carlsbad, CA 92008 PRELIMINARY REPORT Updated In response to the above referenced appllcatlon for a policy of title Insurance, this company hereby reports that It Is prepared to Issue, or cause to be Issued, as of the date hereof, a Polley or Policies of Title Insurance describing the land and the estate or Interest therein hereinafter set forth, Insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Polley forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth In Exhibit A attached. The po/Icy to be Issued may contain an arbitration dause. When the Amount of Insurance Is less than that set forth In the arbitration clause, all arb/trab/e matters shall be arbitrated at the option of either the Company or the Insured as the exduslve remedy of the parties. Limitations on Covered Risks applicable to the Cl TA and AL TA Homeowners Policies of 11tle Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth In Exhibit A. Copies of the policy fonns should be read. They are available from the office which Issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth In Exhibit A of tl)ls report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title Insurance policy and should be carefully considered. It Is Important to note that this preliminary report Is not a written representation as to the condition of title and may not list all Hens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) Is Issued solely for the purpose of facllltatlng the Issuance of a policy of title Insurance and no liability Is assumed hereby. If It Is desired that liability be assumed prior to the Issuance of a policy of title Insurance, a Binder or Commitment should be requested. First American Title Page 1 of 15 Dated as of July 02, 2019 at 7:30 A.M. The form of Policy of title insurance contemplated by this report Is: To Be Determined Order Number: DTR-5569765 Page Number: 2 A specific request should be made if another form or additional coverage is desired. Title to said estate or Interest at the date hereof is vested in: Ostrie Family, Inc., a California corporation The estate or Interest In the land hereinafter described or referred to covered by this Report Is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions In said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2019-2020, a lien not yet due or payable. 2. The lien of supplemental taxes, If any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An easement for ROAD, PIPE, SEWER LINES AND ELECTRIC SERVICE and Incidental purposes, recorded June 07, 1950 as BOOK 3648, PAGE 32 of Official Records. In Favor of: DONALD J. DETWILER AND ESTHER L. DETWILER Affects: AS DESCRIBED THEREIN 4. THE RECITAL CONTAINED ON THE MAP OF SAID LAND WHICH AGREES TO ALLOW THE CROSSARMS OF POLES OR SIMILAR STRUCTURE PLACED ALONG THE RIGHT OF WAY OF CERTAIN HIGHWAYS TO HANG OVER THE ABUTTING LAND. First American Title Page 2 of 15 Order Number: DTR-5569765 Page Number: 3 5. A deed of trust to secure an original Indebtedness of $700,000.00 recorded October 02, 2012 as INSTRUMENT NO. 12-598456 OF OFFICIAL RECORDS. Dated: Trustor: Trustee: Beneflcia ry: Notes: September 24, 2012 OSTRIE FAMILY, INC., A CALIFORNIA CORPORATION PROPERTY GUARANTEE COMPANY, INC., CALIFORNIA CORPORATION NO STRINGS ATTACHED, INC. RETIREMENT TRUST, RONNIE PALOGER, TRUSTEE, AS TO AN UNDIVIDED 53.571% BENEFICIAL INTEREST; AND ROBERT U. SANDRONI AND LORA A. SANDRONI, TRUSTEES OF THE SANDRONI FAMILY TRUST DATED 6/1/98, AS TO AN UNDIVIDED 46.429% BENEFICIAL INTEREST a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title Insurance: I. Original note and deed of trust. Ii. Payoff demand statement signed by all present beneficiaries. iii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18100.S of the California Probate Code in a form satisfactory to the Company The above deed of trust states that it secures an equity line/revolving line of credit. According to the public records, the beneficlal interest of NO STRINGS ATTACHED, INC. RETIREMENT TRUST, RONNIE PALOGER, TRUSTEE, ALL OF (HIS/HER/THEIR) 53.571% BENEFICIAL INTEREST under the deed of trust was assigned to JACK WILLIAM PURCELL AND CHERYL E. PURCELL, TRUSTEES OF THE PURCELL. FAMILY TRUST DATED JULY 22, 1992 by assignment recorded September 17, 2014 as INSTRUMENT NO. 14-400698. 6. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway, 7. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey. 8. Rights of parties in possession. 9. An option In favor of FABRIC INVESTMENTS, INC., A CALIFORNIA CORPORATION AND HP INVESTORS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY as contained In or disclosed by a document recorded March 22, 2018 as INSTRUMENT NO. 18-113691 of Official Records. Prior to the issuance of a 2006 ALTA Extended Owner's Polley of Title without Western Regional Exceptions, The Company will require: 10. An ALTA/NSPS survey of recent date which complies with the current minimum standard detail requirements for ALTA/NSPS land title surveys. 11. With respect to OSTRIE FAMILY, INC., a corporation: First American Title Page 3 of 15 Order Number: DTR-5569765 Page Number: 4 a. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. b. A certified copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. First American Title Page 4 of 15 INFORMATIONAL NOTES Order Number: DTR-5569765 Page Number: 5 Note: The policy to be Issued may contain an arbitration clause. When the Amount of Insurance Is less than the certain dollar amount set forth In any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, Including any arbitration clause that may be included, contact the office that Issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be Issued In connection with your transaction. 1. General and special taxes and assessments for the fiscal year 2018-2019. First Installment: $10,897.28, PAID Penalty: $0.00 Second Installment: $10,897.28, PAID Penalty: $0.00 Tax Rate Area: 09098 A. P. No.: 203-181-19-00 2. According to the latest available equalized assessment roll In the office of the county tax assessor, there is located on the land a(n) COMMERCIAL STRUCTURE known as 2742 STATE STREET, CARLSBAD, CALIFORNIA. 3. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage Is expressly provided by the terms and provisions of the title insurance policy, If any, to which this map is attached. First American Title Page 5 of 15 LEGAL DESCRIPTION Order Number: DTR-5569765 Page Number: 6 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCEL 1 OF PARCEL MAP NO. 1339, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 23, 1973 AS FILE NO. 73-048297 OF OFFICIAL RECORDS. PARCEL B: THE NORTHWESTERLY 64 FEET OF THE SOUTHWEST 162.7 FEET OF LOT 30 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. THE SOUTHEASTERLY LINE OF SAID PARCEL BEING PARALLEL WITH AND DISTANT SOUTHEASTERLY 64 FEET FROM THE NORTHWESTERLY LINE OF SAID LOT 30. PARCEL C: ALL OF LOT 30 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. EXCEPTING THEREFROM THE SOUTHEASTERLY 60.3 FEET OF THE NORTHEASTERLY 162,7 FEET. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 162.7 FEET AND NORTHWESTERLY OF THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 60.3 FEET ALSO EXCEPTING THEREFROM THE NORTHWESTERLY 64.0 FEET OF THE SOUTHWESTERLY 162.7 FEET. APN: 203-181-19-00 First American ntle Page 6 of 15 ll ; ahli Iii ~ f i .. ,,lit l1 t! I:) " I I I -~ ,, ~ t:: ..,,.. l!)lt ; ... 't 0 .:, rtl ,'!H .~ -ii~ X ~ ' • ' .. ',® \. I ,:, \_ ;:i . \ ' ~ 1'l \ ~--®! \. i ~ i! First American ntle Page 7 of 15 Order Number: DTR-5569765 Page Number: 7 _,.. NOTICE Order Number: DTR-5569765 Page Number: 8 Section 12413.1 of the californla Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents In connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. First American Title Page 8 of 15 Order Number: DTR-5569765 Page Number: 9 INCOMING DOMESTIC WIRE INSTRUCTIONS Beware of cyber-crime! If you receive an e-mail or any other communication that appears to be generated from a First American Title Company employee that contains new, revised or altered bank wire Instructions, consider it suspect and call our office at a number you trust. ** Our Wire Instructions Do Not Change.** Funds from other than buyer or seller: Other than funds from a designated lender, real estate agent or broker, or the attorney of record, we will only accept Incoming wires that are from the buyer or seller on a transaction. Other third party deposits not accompanied by appropriate instructions will be returned to the remitter. Funds from a U.S. Bank: Funds should be wired from a bank within the United States. Notify our office at (619)238-1776 when you have transmitted your wire. Funds from a non-U.S. Bank: If your funds are being wired from a non-U.S. bank, additional charges may apply. Contact our office for Incoming International Wiring Instructions. ACH Transfers are NOT wire transfers: An ACH transfer is not immediately available funds and requires additional time for clearance. An ACH transfer cannot be accepted for an imminent closing. Acceptance of ACH transfers are subject to state law. Contact our office at (619)238-1776 prior to sending funds by ACH transfer. Contact our office at (619)238-1776 when funds are sent. PAYABLE TO: BANK: ADDRESS ACCOUNT NO.: ROUTING NUMBER First American Title Company First American Trust, FSB 5 First American Way, Santa Ana, CA 92707 3008310000 122241255 PLEASE REFERENCE THE FOLLOWING: PROPERTY: 2742 State Street, Carlsbad, CA 92008 FILE NUMBER: DTR-5569765 WIRES MAY BE RETURNED IF THE FILE NUMBER AND PROPERTY REFERENCE ARE NOT INCLUDED First American Title Page 9 of 15 EXHIBIT A Order Number: DTR-5569765 Page Number: 10 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arlse by reason of: 1. (a) Any law, ordinance or governmental regulation (lndudlng but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (I) the occupancy, use, or enjoyment of the land; (II) the character, dimensions or location of any Improvement now or hereafter erected on the land; (Ill) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land Is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a vlolation or alleged violation affecting the land has been recorded In the public records at Date of Polley. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Polley. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Polley, but not excluding from coverage any taking which has occurred prior to Date of Polley which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Polley, but known to the insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Polley; or (e) resulting In loss or damage which would not have been sustained If the insured dalmant had paid value for the Insured mortgage or for the estate or Interest insured by this policy. 4. Unenforceablllty of the lien of the Insured mortgage because of the inablllty or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with the applicable doing business laws of the state In which the land is situated. 5. Invalidity or unenforceabllity of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth In lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest Insured by this policy or the transaction creating the Interest of the Insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public, records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or which may be asserted by persons In possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage ln area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptlons In patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or rlght to a lien for services, labor or material not shown by the public records. CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12·02-13) EXCLUSIONS In addition to the Exceptions In Schedule B, You are not Insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or vlolatlon of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; First American Title Page 10 of 15 Order Number: DTR-5569765 Page Number: 11 d, Improvements on the Land; e, land division; and f. environmental protection. This Exclusion does not llmlt the coverage described In Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed In accordance with applicable bull ding codes. This Excluslon does not llmlt the coverage described In Covered Risk 14 or 15. 3. The right to take the Land by condemning It. This Exclusion does not limit the coverage described In Covered Risk 17. 4. Risks: a, that are created, allowed, or agreed to by You, whether or not they are recorded In the Publlc Records; b. that are Known to You at the Polley Date, but not to Us, unless they are recorded In the Publlc Records at the Polley Date; c. that result In no loss to You; or d. that first occur after the Polley Date -this does not limit the coverage described In Covered Risk 7, 8,e., 25, 26, 27 or 28. 5. Fallure to pay value for Your Tltle. 6, Lack of a right: a, to any land outside the area specifically described and referred to In paragraph 3 of Schedule A; and b. In streets, alleys, or waterways that touch the Land. This Exclusion does not llmlt the coverage described In Covered Risk 11 or 21. 7. The transfer of the Tltle to You Is Invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state Insolvency, or similar creditors' rights laws, 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9, Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances, LIMITATIONS ON COVERED RISKS Your Insurance for the following Covered Risks Is limited on the owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown In Schedule A. The deductible amounts and maximum dollar llmlts shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1 % of Polley Amount Shown In Schedule A or $2,500 (whichever Is less) 1 % of Policy Amount Shown In Schedule A or $5,000 (whichever Is less) 1% of Polley Amount Shown In Schedule A or $5,000 (whichever Is less) 1% of Polley Amount Shown In Schedule A or $2,500 (whichever Is less) 2006 AL TA LOAN POLICY (06-17-06} EXCLUSIONS FROM COVERAGE our Maximum Dollar Limit of UabUlty $10,000 $2S,000 $2S,000 $5,000 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (lndudlng those relating to building and zoning) restricting, regulating, prohibiting, or relating to (I) the occupancy, use, or enjoyment of the Land; (II) the character, dimensions, or location of any Improvement erected on the Land; (111) the subdivision of land; or (Iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations, This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6, 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, !lens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded In the Public Records at Date of Polley, but Known to the Insured aalmant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; First American ntle Page 11 of 15 Order Number: DTR-5569765 Page Number: 12 (c) resulting In no loss or damage to the Insured Claimant; , (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting In loss or damage that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceablllty of the lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land Is situated. 5. Invalidity or unenforceablllty In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury or any consumer credit protection or truth-In-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, Is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated In Covered Risk 13(b) of this policy. 7. Any lien on the 11tle for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Polley and the date of recording of the Insured Mortgage In the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also Include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided In Schedule B -Part II,[ t[or T]hls policy does not Insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [PART I [The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also Include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, Interests, or cl alms that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or that may be asserted by persons In possession of the Land. 3. Easements, liens or encumbrances, or dalms thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. PART II In addition to the matters set forth In Part I of this Schedule, the Title Is subject to the following matters, and the Company Insures against loss or damage sustained In the event that they are not subordinate to the lien of the Insured Mortgage:] 2006 ALTA OWNER'S POLICY {06·17-06) EXCLUSIONS FROM COVERAGE The followlng matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (I) the occupancy, use, or enjoyment of the Land; (II) the character, dimensions, or location of any Improvement erected on the Land; (Ill) the subdivision of land; or (Iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded In the Public Records at Date of Polley, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; First American ntle Page 12 of 15 Order Number: DTR-5569765 Page Number: 13 (c) resulting In no loss or damage to the Insured aalmant; (d) attaching or created subsequent to Date of Polley (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or (e) resultlng In loss or damage that would not have been sustained If the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown In Schedule A, Is (a) a fraudulent conveyance or fraudulent transfer, or (b} a preferential transfer for any reason not stated In Covered Risk 9 of this policy, 5. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Polley and the date of recording of the deed or other Instrument of transfer In the Public Records that vests Title as shown In Schedule A, The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also Include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [The above pollcy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage pollcy will also Include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing !lens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, Interests, or dalms that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or that may be asserted by persons In possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining dalms; (b) reservations or exceptions In patents or In Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (I) the occupancy, use, or enjoyment of the Land; (II) the character, dimensions, or location of any Improvement erected on the Land; (iii) the subdivision of land; or (Iv) envlronmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or llmlt the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded In the Public Records at Date of Polley, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Oalmant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Polley (however, this does not modify or limlt the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting In loss or damage that would not have been sustained If the Insured aalmant had paid value for the Insured Mortgage. 4. Unenforceabillty of the lien of the Insured Mortgage because of the lnablllty or failure of an Insured to comply with applicable doing-business laws of the state where the Land Is situated. 5. Invalidity or unenforceabillty In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury or any consumer credit protection or truth-In-lending law, This Exclusion does not modify or llmlt the coverage provided In Covered Risk 26. 6. Any claim of Invalidity, unenforceabillty or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the First American nt/e Page 13 of 15 Order Number: DTR-5569765 Page Number: 14 Insured has Knowledge that the vestee shown In Schedule A Is no longer the owner of the estate or Interest covered by this policy. This Exclusion does not modify or limit the coverage provided In Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching subsequent to Date of Polley. This Exclusion does not modify or limit the coverage provided In Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of It, to have been constructed before, on or after Date of Polley In accordance with applicable building codes. This Exclusion does not modify or llmlt the coverage provided In Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, Is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated In Covered Risk 27(b) of this policy. 1 o. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. First American Title Page 14 of 15 ~ 1 First American Title Privacy Information We Are Committed to Safeguarding Customer Information Order Number: DTR-5569765 Page Number: 15 In order to better serve your needs now and In the future, we may ask you to provide us with certain Information, We understand that you may be concerned about what we will do with such lnformaUon • particularly any personal or financial Information, We agree that you have a right to know how we will utlllze the personal Information you provide to us, Therefore, together with our subsidiaries we have adopted this Privacy Polley to govern the use and handling of your personal Information, Appllcablllty This Privacy Polley governs our use of the Information that you provide to us, It does not govern the manner In which we may use Information we have obtained from any other source, such as Information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal Information regardless of Its source. First American calls these guidelines Its Fair Information Values. Types of Information Depending upon whleh of our services you are utllizlng, the types of nonpublic personal Information that we may collect Include: • Information we receive from you on applications, forms and In other communications to us, whether In writing, In person, by telephone or any other means; • Information about your transacUons with us, our affiliated Gompanles, or others; and • Information we receive from a consumer reporting agency, Use of Information We request Information from you for our own legltlmate business purposes and not for the benefit of any nonaffillated party, Therefore, we will not release your Information to nonaffillated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law, We may, however, store such Information Indefinitely, Including the period after which any customer relationship has ceased, Such Information may be used for any Internal purpose, such as quality control efforts or customer analysis, We may also provide all of the types of nonpublic personal Information listed above to one or more of our affiliated companies, SUch affiliated companies Include financial service providers, such as title Insurers, property and casualty Insurers, and trust and Investment advisory companies, or companies Involved In real estate services, such as appraisal companies, home warranty companies and escrow companies, Furthermore, we may also provide all the Information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial Institutions with whom we or our affiliated companies have Joint marketing agreements, Former customers Even If you are no longer our customer, our Privacy Polley will continue to apply to you, Confldentlallty and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. We restrict access to nonpublic personal Information about you to those Individuals and entitles who need to know that Information to provide products or services to you, We will use our best efforts to train and oversee our employees and agents to ensure that your Information will be handled responsibly and In accordance with this Privacy Polley and First American's Fair Information Values, We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal Information, Information Obtained Through Our Web Site First American Financial Corporation Is sensitive to privacy Issues on the Internet. We believe It ls Important you know how we treat the Information about you we receive on the Internet. In general, you can visit First American or Its affiliates' Wf!b sites on the World Wide Web without telling us who you are or revealing any Information about yourself, Our Wf!b servers collect the domain names, not the e-mail addresses, of visitors, This Information Is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar Information, First American uses this Information to measure the use of our site and to develop Ideas to Improve the content of our site, There are times, however, when we may need Information from you, such as your name and email address, When Information Is needed, we will use our best efforts to let you know at the time of collection how we will use the personal Information, Usually, the personal Information we collect Is used only by us to respond to your Inquiry, process an order or allow you to access specific accounVprofile Information, If you choose to share any personal Information with us, we will only use It In accordance with the polleles outlined above. Business Relatlonshlps First American Financial Corporation's site and Its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize Information to your personal tastes, A cookie Is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive, ElrslAm,com uses stored cookies, The goal of this technology Is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience, Fair Information Values Fairness We consider consumer expectations about their privacy In all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record aeates significant value for society, enhances consumer chclce and creates consumer opportunity, We acUvely support an open public record and emphasize Its Importance and conbibutlon to our economy, Use We believe we should behave responsibly when we use Information about a consumer In our business. We will obey the laws governing the collectlon, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate, Where possible, we will take reasonable steps to correct Inaccurate Information, When, as with the public record, we cannot correct lnaccorate Information, we will take all reasonable steps to assist consumers In Identifying the source of the erroneous data so that the consumer can secure the required corrections, Education We endeavor to educate the users of our products and services, our employees and others In our Industry about the Importance of consumer privacy, We will Instruct our employees on our fair Information values and on the responsible collection and use of data. We wlll encourage others In our Industry to collect and use Information In a responsible manner, Security We wtll maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain, Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Flnanclal Corporation) First American Title Page 15 of 15